Hitting out at the jobsiteThe case involved the circumstances regarding two employees’ departure from a community outreach center focusing on teenage students. Although the details of the departure were not made clear, the employees worked at the center in May 2012 and were both sent rehire offers in July 2012. In May, the entire center’s staff had a meeting with the supervisor in which multiple issues between the teen center staff and office staff were discussed.

Prior to accepting the rehire offer, the two employees discussed whether they would return to work for the center on their social media pages. The individuals had the privacy on their pages set to “just my friends” making the conversation unavailable to the general public. In their posts, the employees agreed they would return to work for the center, but openly derided the office staff and their policies. The employees stated they would throw parties all year and have field trips for the kids without regard for budgetary concerns or seeking permission from the office staff. In addition, the employees used foul language, and a former student who had graduated and was no longer attending the center participated in the conversation.

The center’s human resources department was made aware of the social media conversation and received screenshots of the website detailing the conversation. The conversation was reviewed by the HR manager and the center’s directors. The center determined the employees should not be rehired. The employees received letters retracting their rehire offers citing the social media conversation and concerns they would not follow directions and could potentially endanger teens at the center.

When a post crosses the lineThe former employees argued they were engaged in concerted activity protected by the NLRA. In his ruling, the NLRB judge found the employees had engaged in concerted activity which would normally be protected by the NLRA. However, the administrative judge found the conduct of the former employees was so appalling as to be excluded from the NLRA’s coverage. In ruling for the community center, the judge focused on the community center’s need for governmental and taxpayer funding and heavy reliance on donations. The judge believed the community center lawfully concluded the social media posts could potentially be seen by individuals from the community and have an adverse impact on the center’s funding or the willingness of parents to send children to the center.

What employers should knowWhile this ruling is favorable to employers, it is important to remember the law surrounding social media posts is still materializing. This ruling represents the outer boundary of what will not be protected by the NLRA, namely, egregious activity or activity which renders an employee unfit for continued employed. This will almost always be a fact intensive determination and will depend on all the surrounding circumstances. Employers should proceed carefully in this area and seek guidance to ensure an informed decision.

Doug Pierce was quoted regarding telemarketer access to accident report records. See the related case in the news blurb below regarding ‘promptness’ for producing records under the Tennessee Public Records Act.Watch the report here.

Doug Pierce was cited in the Nashville Post regarding King & Ballow’s victory over the City of Nashville in the Tennessee Court of Appeals; at issue was the ‘promptness’ for producing records under the Tennessee Public Records Act. Read the article here.

Richard Busch was quoted in The Hollywood Reporter and USA Today about his representation of Jillian Michaels and prevailing against Lion’s Gate. Read the articles here:The Hollywood ReporterUSA Today

Richard Busch interviewed by the BBC in London about U.S. Copyright Law and some of the recent cases on which he has worked. Listen to the interview here.

Richard Busch was cited in The Hollywood Reporter about Ed Sheeran settling the lawsuit over the hit song Photograph.Read the article here.

Eddie Wayland was featured in an article in the Tennessee Trucking News magazine, the official magazine of the Truckload Carriers Association.Read the article here.

Doug Piercewas quoted in the Nashville Post regarding King & Ballow’s victory over the City of Nashville; at issue was the ‘promptness’ for producing records under the Tennessee Public Records Act. A judge ruled the City violated the statute.Read the article here.

Richard Busch was quoted on Law.com about his legal background, experience with copyright infringement cases, and the ‘Blurred Lines’ appeal.Read the article here.

King & Ballow congratulates Eddie Wayland for being named to the 2017 edition of The Best Lawyers in America in the practice areas of: Employment Law - Management, First Amendment Law, Labor Law - Management, Litigation - Labor and Employment and Transportation Law. Mr. Wayland has been consistently recognized by his peers and named to the publication for over 25 years.Read more here.

Richard Busch most recently obtained a favorable decision by the United States Court of Appeals, reversing the district court, and holding that the author of the "Iron Man Theme" from Marvel's "Iron Man" television show, and movies, had submitted sufficient evidence that his creation was not a "work for hire" in order to proceed to trial on his copyright infringement claim. The full decision can be accessed here.

King & Ballow congratulates Eddie Wayland for being featured in an article in the Tennessee Trucking News magazine, the official magazine of the Truckload Carriers Association.Read the article here.

King & Ballow congratulates Richard Busch for being named to Billboard Magazine’s 2016 “Music Industry's Top Lawyers.”Read more here.

Richard Buschwas quoted in Rolling Stone Magazine on the new 'Stairway to Heaven' case.Read the article here.

Eddie Wayland is featured in the Truckload Authority magazine, the official publication of the Truckload Carriers Association in the article, “Labor Pains: New Labor Laws Could Cause You Pain If You Are Not Prepared.” Read the article here.Richard Busch takes on another high-profile copyright infringement case.Read the article here.

King & Ballow congratulates Eddie Wayland for being named to the 2016 edition of The Best Lawyers in America, wherein the top 4% of attorneys in the country are recognized. Mr. Wayland has been consistently named to the publication for over 25 years.Read more here.

King & Ballow congratulates Richard Busch for being named to Billboard Magazine’s 2015 “Music's Most Powerful Attorneys,” where he was one of only four litigators named.Read more here.

Richard Busch was a featured litigator in Billboard Magazine regarding the “Blurred Lines” case.Read the article here.

Richard Busch appeared on America’s Newsroom this morning to discuss Bill Cosby’s 2005 admission to purchasing Quaaludes to drug women.Watch the video here.

Richard Busch is frequently asked to discuss legal issues on Fox Business News. He recently appeared to discuss the class action lawsuits filed against Manny Pacquiao, and others, related to the alleged non-disclosure of a shoulder injury prior to the fight against Floyd Mayweather.Watch the video here.

King & Ballow congratulates Paul Duvall for being named to Martindale Hubbell Top Lawyers list for Wage & Hour for 2014 and 2013. Click here to read the article.

King & Ballow congratulates Richard S. Busch for being named to the Hollywood Reporter's 2013 list of the top 100 entertainment lawyers in the United States. This is the second year in a row Mr. Busch has been so honored. Mr. Busch, who has been with King & Ballow since 1991, is the partner in charge of the Firm's Entertainment and Intellectual Property sections.Click here to read the article.

Steve Douse was quoted in the article, National Newspaper Association Challenges Valassis, Inc. | Post Deal in Federal Court. Regarding competition with the USPS, Douse said, “It forces firms to compete with the Postal Service and Valassis with one hand tied behind their backs.”Click here to read the article

Richard Busch'sForbes Magazine article, Fighting For The Right To Superman's Copyright: More Brutal Than Anything Lex Luthor Could Have Imagined Click here to read the full article.